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Knicks Celebration Screams, a Mistaken 911 Call and a Dog Killed by Police: Who Pays?

Mariana Petersen, J.D.

Article by: Mariana Petersen, J.D.

Legal Content Editor

Reviewed by Joseph Fawbush, Esq. | Last updated on

We all know passion over a sports win can make people lose themselves in the moment. But for one neighbor in Canoga Park in Los Angeles, the celebration ended in tragedy. According to reports, a woman was loudly celebrating the Knicks’ victory, and a neighbor, believing something was wrong, called 911.
Officers arrived at the building and, when contacting the resident, saw a large dog barking. Officers say they asked her to secure the animal and that the woman briefly closed the door, but when she opened it again, the dog came out and, according to police, moved aggressively toward an officer, who then shot him. The owners, for their part, insist that their dog was not dangerous at all.

The story ends with a heartbreaking result: Jameson, the 2-year-old dog, was killed. It also raises several legal questions about responsibility for 911 calls, alleged excessive use of force by police, and your rights if officers shoot a pet. We break it all down in this blog.

How U.S. Law Sees Dogs: Property, but Not Just Any Property

Dogs are legally considered the personal property of their owner, not “persons” with their own constitutional rights. That means that cases involving police shooting dogs are analyzed as a “seizure” of property, not as the use of force against a person. If the owner of a dog alleges the shooting was an unreasonable seizure of their property, they’re asserting a federal constitutional violation (under the Fourth Amendment).

Almost every federal circuit court has recognized that shooting and killing a family dog without strong justification can amount to an unreasonable seizure and therefore a violation of the Fourth Amendment. Case law stresses that killing a non-threatening dog is one of the most serious forms of police misconduct involving property because of the emotional toll it inflicts.

When an officer shoots a dog, the main legal analysis usually revolves around three key questions:

  • Fourth Amendment: Was there an unreasonable seizure of property?
  • Federal civil rights action (42 U.S.C. § 1983): Did the officer violate clearly established constitutional rights?
  • City or police department liability: Did deficient policies, training, or practices contribute to the incident?

The underlying right at stake is constitutional: protection against unreasonable seizures of property. The procedural vehicle to assert that violation and seek damages is a civil rights lawsuit.

If a reasonable officer in the same situation would have believed that shooting was necessary to defend against a real threat from the dog, the seizure may be considered reasonable, and there might be no liability. If the dog did not pose a serious threat and there were nonlethal alternatives, the shooting may be unconstitutional. The civil rights attorney the family hires will need to prove exactly that — and it appears they intend to take legal action: as of now, the “Justice for Jameson” fundraising campaign has raised roughly $245,939, having originally sought just $10,000.

Can You Sue If Police Kill Your Dog, and What Damages Are Available?

In a scenario like this, under U.S. law, you have a blend of tort damages (harm to property — the dog) and constitutional law (a potential Fourth Amendment violation). Because of that, the compensation the family could seek might include:

  • Economic value of the dog as property, based on breed, age, training and other factors.
  • Veterinary expenses incurred before death, if any.
  • Emotional distress damages, which may be limited depending on state law.
  • Attorneys’ fees and costs in a federal civil rights action.
  • A court order requiring the Los Angeles Police Department to change its policies, training or practices for use of force involving dogs.
  • Punitive damages — an additional “punishment” amount that could be awarded if the officer’s conduct is found clearly abusive and dangerous to the community, keeping a reasonable ratio to compensatory damages.

On that last point, in this case, the family would have to show that the officer shot the dog even though it did not display real aggression. They will have to prove this in an ambiguous threat context, involving a large dog running toward the officer in a confined space.

It will also matter whether LAPD’s training materials endorse the use of deadly force in such situations. Los Angeles Mayor Karen Bass has already acknowledged that LAPD’s written guidance on use of force with dogs is not sufficient and has ordered a review to align it with national best practices on tactics and training related to deadly force.

Who Actually Pays? Potentially Responsible Parties

In a case like this, there are three possible sources of liability:

  • The officer who fired. The individual officer can be sued under Section 1983 for an unreasonable seizure, but they have the protection of qualified immunity. That means they can avoid personal civil liability if their conduct did not violate a clearly established right and was objectively reasonable under the circumstances.
  • The city and the LAPD. The city of Los Angeles can be sued for failures in policies, training or supervision related to handling dogs during police calls. In the Canoga Park case, the fact that Mayor Karen Bass ordered a review of dog-encounter use-of-force policies strengthens the argument that there may be a systemic problem, not just an individual mistake.
  • The neighbor who called 911. The neighbor who calls 911 is usually shielded from liability if they acted in good faith. Civil liability might be explored only in situations where the call was clearly malicious, knowingly false or made with intent to cause harm. That does not appear to be the case here, especially since the neighbor has expressed remorse and says they feel responsible for what happened. In practice, most legal actions focus on the police and the city, not the neighbor.

This tragic story offers lessons that may help you if you ever face a similar situation — whether you are the neighbor hearing suspicious screams or the dog owner when police show up at your home.

If You Are the Neighbor Calling 911

Calling 911 is appropriate when you have a reasonable suspicion that someone might be in danger. However, the Canoga Park case shows how a misread call can trigger deadly consequences for third parties.

If you find yourself in the neighbor’s position, keep these points in mind during your emergency call:

  • Clearly describe what you hear (what kind of screaming, whether there is music or party noise) and why it makes you think violence may be involved.
  • Answer honestly if the operator asks whether you have seen physical violence or weapons, instead of making assumptions.
  • Do not exaggerate or embellish the facts, because that can escalate the perceived risk for dispatch and responding officers.

If the Police Come to Your Home and You Have a Dog

Based on cases like Jameson’s, some practical steps are often recommended to reduce risk and protect your rights regarding your dog's safety:

  • Restrain or secure your dog before opening the door if you know police are present.
  • Tell officers you have a dog in the home and ask for a moment to secure the animal.
  • Record your interaction with officers (if it is legal in your state and you do not interfere with their duties), and ask for their names and badge numbers if an incident occurs.

If your dog is shot, call for medical help immediately, document witnesses, look for security cameras and contact an attorney who handles police misconduct and liability cases. These measures cannot guarantee that a tragedy will not occur. But they do reduce the chance that officers will be surprised by your dog and respond based on a perceived threat, and they help create an evidentiary record if your pet is harmed and litigation becomes necessary.

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